Upon receiving a subpoena for information or to testify take a deep breath and then notify your malpractice insurance. This benefit is a 2-edge sword. Responding to the subpoena without notifying your insurer could get a malpractice claim denial.
Given the appropriate attorney malpractice Insurance policies it may offer subpoena assistance coverage even when it is not related a malpractice claim or potential claim. When you receive a subpoena in a matter, ask your insurer how you should proceed with complying with the request. If your policy requires the insurer to appoint an attorney to provide you legal representation and advice, take them up on this policy coverage. Not responding properly could increase the likelihood of a malpractice claim.
Although a subpoena may not result in a malpractice claim, it might. Putting the insurer on notice helps protect your rights in case the subpoena progresses into a malpractice claim against you. Having the insurer put on notice about a subpoena serves as notice of a potential claim.
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Lee Norcross, MBA, CPCU
Managing Director, CEO
(616) 940-1101 Ext. 7080